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Thread: Penalty for false reports against gun owners increased

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    Regular Member Mas49.56's Avatar
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    Penalty for false reports against gun owners increased

    http://www.northescambia.com/2016/10...day-in-florida
    SB 436 is now law

    "SB 436, which makes it a second-degree felony for making false reports about using firearms in a violent manner. The law also makes it a first-degree misdemeanor to threaten with death or serious harm a law-enforcement officer, state attorney or assistant state attorney, firefighter, judge, elected official or any of their family members."
    Last edited by Mas49.56; 10-02-2016 at 10:58 AM.

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    need to make it a civil offense too .... politicians won't want this law to actually be enforced.

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    A civil offense must be tortious to be actionable.
    I was not unserious with my suspicion of Gastaut-Geschwind Syndrome. No more quote mining, contextomy!. I am responsible for my writing, not your understanding of it.

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    Quote Originally Posted by Mas49.56 View Post
    http://www.northescambia.com/2016/10...day-in-florida
    SB 436 is now law

    "SB 436, which makes it a second-degree felony for making false reports about using firearms in a violent manner. The law also makes it a first-degree misdemeanor to threaten with death or serious harm a law-enforcement officer, state attorney or assistant state attorney, firefighter, judge, elected official or any of their family members."
    Is it a first-degree misdemeanor to make the same threat against a "mundane" citizen? If not, why do elected officials get more weight than the people who they merely serve?
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

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    Quote Originally Posted by Citizen View Post
    Is it a first-degree misdemeanor to make the same threat against a "mundane" citizen? If not, why do elected officials get more weight than the people who they merely serve?
    Another problem with having a hammer and seeing all problems as nails is how often one misses obvious hypocrisy.

    Notice that the anarchist is concerned about some special protections for government employees, while expressing no similar concerns about special protections for gun carriers. The felony level penalties for falsely reporting violence with a gun, don't apply to baseball bats, cars, or pressure cookers. Why not? And why is the anarchist not worried about this disparity even while being so concerned about misdemeanor penalties for threatening government employees?

    The two aspects of the law are very much in harmony with each other and should be obvious to anyone not blinded by puerile hatred of all things government or anything that actually acknowledges the proper authority and role of government.

    False reports about gun carriers are not merely crimes against an individual gun carrier, but are have the collective effect of--as well as quite often being individually calculated to--depriving citizens of a constitutional right. If carrying a gun is likely to result in false claims of gun violence such that police respond to an armed and dangerous situation, then eventually law abiding gun carriers may be discouraged from exercising their rights.

    In a similar vein, often, threats of violence against government employees or their families are not merely crimes against the individual, but are intended to "monkey wrench" the very functioning of government. And that affects all of us including the childish who prattle on about not having given individual consent. If the families of police officers are threatened so as to discourage officers from properly investigating crimes, society suffers for the lack of proper investigation and resolution of crimes. If fire fighters are threatened so that an arsonist can watch his fire burn, many innocent lives are placed in danger beyond just the fire fighters who were threatened. If parole board members or their families are threatened so as to sway their decisions on when to release or not release convicted criminals, or judges or their families so as to sway judicial decisions, we no longer have any hint of impartiality in law.

    Now, before someone tries to prove how smart they are by pointing out some obscure case where a threat against an individual affects a larger group and that case isn't covered by this law, let me acknowledge right up front that laws are not perfect. They will miss some cases. Sometimes they will catch cases they were not intended to catch. Perfection is an unattainable standard and those who demand it are simply being dishonest.

    But laws such as this are based on sound principles. In my State of Utah, for example, most murders do not qualify for capital punishment. There are a number of aggravating factors that can raise the crime to the capital level one. One of them is if there are multiple victims. (Other factors include being committed in a particularly tortuous or heinous manner.) All else being equal, a crime against many is more severe than a crime against one.

    False reports of lawful gun carriers engaging in violence, and threatening government officials both have high potential to result in crimes against multiple victims (at the macro level) and are often intended t do just than, than do many other crimes that might, on their face, appear otherwise similar.

    Certainly, anyone who is read, intelligent, and thoughtful on matters regarding government or social orders would be aware of these considerations. But some are so blinded by ideology as to anesthetize their own capabilities.

    Charles

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    Quote Originally Posted by Nightmare View Post
    A civil offense must be tortious to be actionable.
    A legislature could pronounce that it creates a cause of action in a civil venue ... in a statute.

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    Quote Originally Posted by davidmcbeth View Post
    A legislature could pronounce that it creates a cause of action in a civil venue ... in a statute.
    Your boy Obama could issue an Executive Order doing so.

    Thank goodness this is NOT my thread. Were it, I would ask it closed now for your thoughtless comment and participation.
    I was not unserious with my suspicion of Gastaut-Geschwind Syndrome. No more quote mining, contextomy!. I am responsible for my writing, not your understanding of it.

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    <inane babble>
    Quote Originally Posted by Nightmare View Post
    ...Were it, I would ask it closed now for your thoughtless comment and participation.
    You mean like mcbeth's regular posts?
    Last edited by BB62; 10-03-2016 at 11:11 PM.

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    Regular Member hammer6's Avatar
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    Quote Originally Posted by Citizen View Post
    Is it a first-degree misdemeanor to make the same threat against a "mundane" citizen? If not, why do elected officials get more weight than the people who they merely serve?
    so i guess these kinds of reactions are thrown out the window now?

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    Quote Originally Posted by BB62 View Post
    You mean like mcbeth's regular posts?
    Yes, that is what I have been requesting from the moderator as soon as McBeth demonstrates his disdain for civility.

    Maybe it's like a grandpa at dinner with an unruly child that must be fed. Grandpa can't make the brat go to his room, but grandpa can leave the unpleasant company.
    I was not unserious with my suspicion of Gastaut-Geschwind Syndrome. No more quote mining, contextomy!. I am responsible for my writing, not your understanding of it.

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    Regular Member solus's Avatar
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    Quote Originally Posted by Nightmare View Post
    snipp

    Maybe it's like a grandpa at dinner with an unruly child that must be fed. Grandpa can't make the brat go to his room, but grandpa can leave the unpleasant company.
    and some are glad when grandpaw leaves the room as the none so subtle hints of closing threads cuz he doesn't want to play, or the same whine, or the meme magic, or the ramblings about pascal, or the constant posting about how great the billionaire is, as well as the free great books saying this or that being repeated every or every other post, sometimes, just sometimes mind you...does get a tad olde...

    ipse

    guess i forgot the grammar police as pkbites just pointed out...whew
    Last edited by solus; 10-04-2016 at 11:26 AM.
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    Regular Member 77zach's Avatar
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    Interesting law considering there is no right to bear arms in reality in Florida. It will be nice though if general open carry ever is recognized here.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Regular Member hammer6's Avatar
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    Quote Originally Posted by 77zach View Post
    Interesting law considering there is no right to bear arms in reality in Florida. It will be nice though if general open carry ever is recognized here again
    fixed it for you.
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